Gulabi Devi @ Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7900 of 2022 Arising Out of PS. Case No.-114 Year-2021 Thana- SUPPI District- Sitamarhi ====================================================== GULABI DEVI @ PRAMILA DEVI WIFE OF BIJENDRA SAHNI @ VIRENDRA SAHNI R/O VILLAGE- RAMNAGRA, P.S.- SUPPI, DISTRICT- SITAMARHI ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Jha, Adv.
For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench.
The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 363, 366A of the Indian Penal Code.
Allegedly, the daughter of the informant has been kidnapped by the FIR named accused persons including the petitioner for the purpose of marriage.
Patna High Court CR. MISC. No.7900 of 2022(2) dt.01-08-2022 2/3 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. She has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Manish Kumar. Petitioner is the mother of co-accused Manish Kumar. It is submitted that the victim has married with the co-accused Manish Kumar and is residing with him. It is further submitted that the alleged occurrence took place on 05.06.2021 but the F.I.R. has been lodged on 20.06.2021 i.e. after a delay of 15 days. Such delay in lodging the FIR creates reasonable doubt about the prosecution case. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since there is general and omnibus allegation against the petitioner named above, let her, be released on bail, in the event of her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with
Patna High Court CR. MISC. No.7900 of 2022(2) dt.01-08-2022 3/3 two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Suppi P.S. Case No.114 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) pallavi/- U T